A dairy worker who was sacked after he wore an Osama bin Laden facemask to work and took a ‘selfie’ of this was unfairly dismissed, an employment tribunal has ruled.

Robert Mazur worked as a lab technician for Crediton Dairy Limited at its dairy plant in Crediton, Devon, for seven years testing samples of milk, water and chemicals in a sealed room at the plant. On one working day he brought an Osama bin Laden mask into the laboratory and took a photograph of himself with the mask on in the lab, subsequently posting this photo on Facebook. However, the photo that Mr Mazur had taken of himself (commonly known as a ‘selfie’) also showed a fragment of his employer’s logo. The management at the firm subsequently viewed the photo on Facebook and disciplinary proceedings were commenced. This resulted in Mr Mazur being dismissed for gross misconduct on the basis that he had brought his employer into disrepute.

After being dismissed from his employment Mr Mazur made a claim for unfair dismissal to the Employment Tribunal. Mr Mazur also claimed that he had been a victim of bullying and that the diary had escalated a minor issue to gross misconduct after one of his bosses had branded him as “rude and difficult”.

Mr Mazur’s claim came to the Employment Tribunal earlier this year, with the Employment Tribunal ruling in February 2015 that he had been unfairly dismissed. However, the Employment Tribunal also ruled that Mr Mazur was 60% at fault for his dismissal and any award made by the Employment Tribunal will therefore be cut proportionately.

Mr Mazur stated after the judgment of the Employment Tribunal was released: “It has been a very long and exhausting case. Everything was new for me as I have never had to fight for justice in front of court. Bearing in mind I suffered severe depression and am not fully recovered yet. Thankfully I got a lot of support from my friends even those currently employed by Crediton Dairy.”

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “Businesses must take decisions to dismiss employees that are reasonable in the circumstances and must also carry out a fair procedure in dismissing employees. If a business fails to take these steps then they could be opening themselves up to litigation in the employment tribunal.”

A remedy hearing will be held at a later date to determine compensation in Mr Mazur’s case.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees
Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk.
Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Contact us

The articles published on this website, current at the date of publication, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your own circumstances should always be sought separately before taking any action.

"Redmans Solicitors" is a trading name of Redmans Ltd (company no: 05872980). Our SRA number is 468098

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 4 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 6 months ago

Anonymous

Excellent service.
It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient.
Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently.
My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could.
I would definitely recommend them.

Posted 6 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 6 months ago

Anonymous

Easy to get hold of. Quick.

Posted 6 months ago

Owen J

Very helpful, efficient service.

Posted 6 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 6 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 7 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 7 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 7 months ago

Muhammad Z

Awesome services.
Professionals at their best .

Posted 7 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 7 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 7 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 7 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity.
It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 7 months ago

Anonymous

Good service

Posted 7 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 7 months ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.